An all-inclusive, exhaustive evaluation of the foreign policy of the European Union.Ten years ago the 2009 Lisbon Treaty put into place the legal and structural foundations for the European Union to play a role as a global actor. In the decade since, the EU itself has undergone intense political and economic stress, from debt crises to the rise of nationalist parties and the strains of Brexit. What effect have these changes had on the EU's foreign policy and its role in the world? This new edition of The Foreign Policy of the European Union offers an up-to-date and comprehensive examination of that question. The globe-spanning contributions to the book include a look at relations between Brussels and its regional neighbors, including Russia; the tensions that have arisen with the United States during the Trump administration; and the burgeoning relationship with China. How the EU is dealing with issues such as migration, terrorism, trade, and security round out the volume.

It is a settled rule of international law that a State may not rely on the provisions of its 'internal law' as justification for failing to comply with international obligations. However, the judiciaries of most countries, including those with a high record of compliance with international norms, have increasingly felt the need to preserve the area of fundamental principles, where the State's inclination to retain full sovereignty seems to act as an unbreakable 'counter-limit' to the limitations deriving from international law. This volume explores this trend by adopting a comparative perspective, addressing the question of how conflicts between international law and national fundamental principles are dealt with and resolved within a specific legal system. The contributing authors identify common tendencies and fundamental differences in the approaches and evaluate the implications of this practice for the future of the principle of supremacy of international law.

The model of marriage constructed in classical Islamic jurisprudence rests on patriarchal ethics that privilege men. This worldview persists in gender norms and family laws in many Muslim contexts, despite reforms introduced over the past few decades. In this volume, a diverse group of scholars explore how egalitarian marital relations can be supported from within Islamic tradition. Brought together by the Musawah movement for equality and justice in the Muslim family, they examine ethics and laws related to marriage and gender relations from the perspective of the Qur’an, Sunna, Muslim legal tradition, historical practices and contemporary law reform processes. Collectively they conceptualize how Muslim marriages can be grounded in equality, mutual well-being and the core Qur’anic principles of ‘adl (justice) and ihsan (goodness and beauty).

The Cambridge Companion to Judaism and Law explores the Jewish conception of law as an essential component of the divine-human relationship from biblical to modern times, as well as resistance to this conceptualization. It also traces the political, social, intellectual, and cultural circumstances that spawned competing Jewish approaches to its own 'divine' law and the 'non-divine' law of others, including that of the modern, secular state of Israel. Part I focuses on the emergence and development of law as an essential element of religious expression in biblical Israel and classical Judaism through the medieval period. Part II considers the ramifications for the law arising from political emancipation and the invention of Judaism as a 'religion' in the modern period. Finally, Part III traces the historical and ideological processes leading to the current configuration of religion and state in modern Israel, analysing specific conflicts between religious law and state law.

Despues de mas de cinco decadas de conflicto social y armado, el gobierno de Colombia y las FARC firmaron en noviembre del ano 2016 un acuerdo para poner fin a la confrontacion militar que causo casi seis millones de victimas. Este proceso de paz reune a muchas organizaciones y personas que han experimentado el conflicto de diferentes maneras y quieren contribuir a su fin. Con el multifacetico posconflicto, comienza la fase fragil de la consolidacion. Las actas del Simposio de Frankfurt presentan este proceso a nivel transnacional en dialogo germano-colombiano. Desde perspectivas interdisciplinares personajes renombrados de Colombia y Alemania, en su mayoria participantes en el proceso de paz, analizan los siguientes aspectos transversales del (pos)conflicto: las negociaciones de paz, la genealogia, los actores y las victimas; la construccion de la memoria historica y la memoria colectiva, la justicia transicional, la pobreza y la desigualdad social como causas principales de la guerra; las iniciativas de la sociedad civil, la migracion y la memoria, asi como el papel social de la literatura y el cine.

From outlawing polygamy and mandating public education to protecting the rights of minorities, the framing of group life by the state has been a subject of considerable interest and controversy throughout the history of the United States. The subject continues to be important in many countries. This book deals with state responses to cultural difference through the examination of a number of encounters between individuals, groups, and the state, in the United States and elsewhere. The book opens the concepts of groups and the state, arguing for the complexity of their relations and interpenetrations.

Carol Weisbrod draws on richly diverse historical and cultural material to explore various structures that have been seen as appropriate for adjusting relations between states and internal groups. She considers the experience of the Mormons, the Amish, and Native Americans in the United States, the Mennonites in Germany, and the Jews in Russia to illustrate arrangements and accommodations in different times and places. The Minorities Treaties of the League of Nations, political federalism, religious exemptions, nonstate schools, and rules about adoption are among the mechanisms discussed that sustain cultural difference and create frameworks for group life, and, finally, individual life. At bottom, "Emblems of Pluralism" concerns not only relations between the state and groups, public and private, but also issues of identity and relations between the self and others.

This book articulates a systematic vision of an international legal system grounded in the commitment to justice for all persons. It provides a probing exploration of the moral issues involved in disputes about secession, ethno-national conflict, 'the right of self-determination of peoples,' human rights, and the legitimacy of the international legal system itself. Buchanan advances vigorous criticisms of the central dogmas of international relations and international law, arguing that the international legal system should make justice, not simply peace, among states a primary goal, and rejecting the view that it is permissible for a state to conduct its foreign policies exclusively according to what is in the 'the national interest'. He also shows that the only alternatives are not rigid adherence to existing international law or lawless chaos in which the world's one superpower pursues its own interests without constraints. This book not only criticizes the existing international legal order, but also offers morally defensible and practicable principles for reforming it. Justice, Legitimacy, and Self-Determination will find a broad readership in political science, international law, and political philosophy. Oxford Political Theory presents the best new work in political theory. It is intended to be broad in scope, including original contributions to political philosophy and also work in applied political theory. The series contains works of outstanding quality with no restrictions as to approach or subject matter. Series Editors: Will Kymlicka, David Miller, and Alan Ryan

This work seeks to determine the roles played by the paramount judiciary in the Indian polity between 1937 and 1964. The discussion starts with an examination of the Federal Court, the establishment of which in 1937 brought into existence Indias first central judicial institution. After a consideration of events leading to the creation of the Federal Court, the nature of its jurisdiction and representative decisions are analysed. Other matters considered include the relationship of the Federal Court with the Privy Council, and the unsuccessful efforts made to empower the Federal Court with a jurisdiction to hear civil appeals. In addition, the major part of this work is devoted to the present Supreme Court of India, which replaced the Federal Court in 1950. After discussing the general features of the new judicial establishment, attention is focused upon the nature of its review powers and the manner in which the Court can exercise these powers. Against the background of debates in the Constituent Assembly that reflect the attitudes of the Constitution-makers towards judicial review, the important decisions which provoked clashes between the judges and politicians have been analysed.

This book offers a systematic interpretation of the ideal of the rule of law, arguing that the principles it identifies provide the foundations of a liberal democratic legal order. It explains the essential connections between a range of matters fundamental to the relationship between citizen and state, including freedoms of speech and conscience, civil disobedience, procedural fairness, administrative justice, the right of silence, and equal protection or equality before the law. The principles of public law are interpreted in the light of liberal legal and political philosophy.

This collection of essays on legal ethics addresses the subject comparatively, unlike any previous publication in either the UK or the US. Many of the papers originated from rare collaborative empirical research between academic and practising lawyers combining to produce a book that is unique in its concern with the issues that affect all lawyers in common law systems today. These lawyers are naturally apprehensive about the unprecedented investigation, criticism, and attack which they face. They fear for their livelihood and status in the community while sharing the public's sense of unease. Searching for immediate changes that might placate economic deregulators, the press and politicians, is one of the aims of this collection of original essays, many of which are written by people who are, or were, practitioners of law. This is reflected in the types of initiatives which are debated in this volume - to reform adversarial rules of procedure, to introduce mediational alternatives, and to curb systematic biases. The aims of this volume are therefore to reflect some of the key issues, to suggest possible arguments which might lead to solutions, and to provide readers, particularly those involved in practice, with strategies for devising more 'ethical' practices.

Comparing two consequential movements that shed light on the nature of revolution>Revolutions in Cuba and Venezuela compares the sociopolitical processes behind two major revolutions—Cuba in 1959, when Fidel Castro came to power, and Venezuela in 1999, when Hugo Chávez won the presidential election. With special attention to the Cuba-Venezuela alliance, particularly in regards to foreign policy and the trade of doctors for oil, Silvia Pedraza and Carlos Romero show that the geopolitical theater where these events played out determined the dynamics and reach of the revolutions. Updating and enriching the current understanding of the Cuban and Venezuelan revolutions, this study is unique in its focus on the massive exodus they generated. Pedraza and Romero argue that this factor is crucial for comprehending a revolution’s capacity to succeed or fail. By externalizing dissent, refugees helped to consolidate the revolutions, but as the diasporas became significant political actors and the lifelines of each economy, they eventually served to undermine the social movements. Using comparative historical analysis and data collected through fieldwork in Cuba and Venezuela as well as from immigrant communities in the U.S., Pedraza and Romero discuss issues of politics, economics, migrations, authoritarianism, human rights, and democracy in two nations that hoped to make a better world through their revolutionary journeys. Publication of this work made possible by a Sustaining the Humanities through the American Rescue Plan grant from the National Endowment for the Humanities.

An expert analysis of the relevant law and jurisprudence in mass litigation, this edited work examines the diverse and complex transnational considerations and issues of collective redress. With contributions from distinguished and authoritative commentators on this topic, the coverage is broad, thorough, and practically focused. The book offers new perspectives on the challenges of collective redress as it innovatively combines a comparative and cross border approach. Organized clearly into sections, it provides in-depth comment on these challenges from a national, European, and global perspective. With detailed analysis of the relevant law and jurisprudence in this area offering a significant practical impact, this book also examines possible solutions to the challenges identified, covering important topics and issues within collective redress mechanisms; the private international law perspective on collective redress; reception of foreign collective redress; and extraterritoriality and US law. Including contributions from the jurisdictions most relevant to these conflict of laws issues, this book unites global expertise to provide information on a complex topic and offer a solution-based approach to the collective redress landscape.

When the law of a foreign country is selected or pleaded by a claimant or defendant, a question arises as to whether the issue pertains to substance, in which case it may be resolved by foreign law, or procedure, in which case it will be governed by the law of forum. This book examines the distinction between substance and procedure questions in private international law, and analyses where and whether each is appropriate. To do so, it examines previous attempts to define the scope of procedure in private international law, considers alternative choice of law methods for referring matters to the law of forum, and examines the influence of the doctrine of characterization on procedure. Substance and Procedure in Private International Law also provides detailed analysis of the decisional law in which the substance-procedure distinction has been employed, creating a clear assessment of its application in various practical situations and providing valuable guidance for practitioners on how the distinction should be applied. The book also considers 'procedural' topics such as service of process and the taking of evidence abroad, in order to show how the application of forum law may further be limited by foreign laws. With a foreword by the Hon Sir Anthony Mason.

Leaving Iberia: Islamic Law and Christian Conquest in North West Africa examines Islamic legal responses to Muslims living under Christian rule in medieval and early modern Iberia and North Africa. The fall of al-Andalus, or reconquista, has long been considered a turning point, when the first substantial Muslim populations fell under permanent Christian rule. Yet a near-exclusive focus on conquered Iberian Muslims has led scholars to overlook a substantial body of legal opinions issued in response to Portuguese and Spanish occupation in Morocco itself, beginning in the early fifteenth century. By moving beyond Iberia and following Christian conquerors and Muslim emigrants into North Africa, Leaving Iberia links the juristic discourses on conquered Muslims on both sides of the Mediterranean, critiques the perceived exceptionalism of the Iberian Muslim predicament, and adds a significant chapter to the story of Christian-Muslim relations in the medieval Mediterranean. The final portion of the book explains the disparate fates of these medieval legal opinions in colonial Algeria and Mauritania, where jurists granted lasting authority to some opinions and discarded others. Based on research in the Arabic manuscript libraries of five countries, Leaving Iberia offers the first fully annotated translations of the major legal texts under analysis.

Although congressional investigations have provided some of the most dramatic moments in American political history, they have often been dismissed as mere political theater. But these investigations are far more than grandstanding. Investigating the President shows that congressional investigations are a powerful tool for members of Congress to counter presidential aggrandizement. By shining a light on alleged executive wrongdoing, investigations can exert significant pressure on the president and materially affect policy outcomes. Douglas Kriner and Eric Schickler construct the most comprehensive overview of congressional investigative oversight to date, analyzing nearly thirteen thousand days of hearings, spanning more than a century, from 1898 through 2014. The authors examine the forces driving investigative power over time and across chambers, identify how hearings might influence the president's strategic calculations through the erosion of the president's public approval rating, and uncover the pathways through which investigations have shaped public policy. Put simply, by bringing significant political pressure to bear on the president, investigations often afford Congress a blunt, but effective check on presidential power--without the need to worry about veto threats or other hurdles such as Senate filibusters. In an era of intense partisan polarization and institutional dysfunction, Investigating the President delves into the dynamics of congressional investigations and how Congress leverages this tool to counterbalance presidential power.

The Great Christian Jurists series comprises a library of national volumes of detailed biographies of leading jurists, judges and practitioners, assessing the impact of their Christian faith on the professional output of the individuals studied. Little has previously been written about the faith of the great judges who framed and developed the English common law over centuries, but this unique volume explores how their beliefs were reflected in their judicial functions. This comparative study, embracing ten centuries of English law, draws some remarkable conclusions as to how Christianity shaped the views of lawyers and judges. Adopting a long historical perspective, this volume also explores the lives of judges whose practice in or conception of law helped to shape the Church, its law or the articulation of its doctrine.

Das Werk bietet eine kritische Gesamtschau zum Thema "Digitalisierung und Recht". Grundlegend unterschieden wird dabei zwischen dem Recht der Digitalisierung und der Digitalisierung des Rechts. Während bei dem Recht der Digitalisierung dargestellt wird, wie Rechtsprechung und Gesetzgebung auf Phänomene der Digitalisierung reagieren, umfasst die Darstellung der Digitalisierung des Rechts Veränderungen juristischer Arbeit und rechtlicher Abläufe durch Instrumente der Digitalisierung. Ergänzend werden historische Hintergründe und Vorläufer und sich abzeichnende künftige Entwicklungslinien aufgezeigt. In einen größeren Rahmen eingepasst wird die Thematik durch die Erörterung rechtstheoretischer Problemstellungen, rechtsstaatlicher und verfassungsrechtlicher Fragen sowie gesellschaftspolitischer Aspekte. Zahlreiche praktische Beispiele, Grafiken und Übersichten runden das Werk ab.

Can there be universal moral principles in a culturally and religiously diverse world? Are such principles provided by a theory of natural law? Jacques response to both questions is "yes".

These essays, selected from the writings of one of the most influential philosophers of the past hundred years, provide a clear statement of Maritain's theory of natural law and natural rights. Maritain's ethics and political philosophy occupies a middle ground between the extremes of individualism and collectivism. Written during a period when cultural diversity and pluralism were beginning to have an impact on ethics and politics, these essays provide a defense of natural law and natural right that continues to be timely.

The first essay introduces Maritain's theory of connatural knowledge -- knowledge by inclination -- that lies at the basis of his distinctive views on moral philosophy, aesthetics, and mystical belief. The second essay gives Maritain's principal metaphysical arguments for natural law as well as his account of how that law can be naturally known and universally held.

The third essay in this collection explains the roots of the natural law and shows how it provides a rational foundation for other kinds of law and for human rights. In the fourth essay, reflecting his personalism and integral humanism, Maritain indicates how he extends his understanding of human rights to include the rights of the civic and of the social or working person.